Praveen Tiwari @ Praveen Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39961 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

PRAVEEN TIWARI @ PRAVEEN KUMAR TIWARY SON OF KANHAIYA TIWARI R/O VILLAGE- CHANDWA, P.S.- ARA NAWADA, DISTRICT- BHOJPUR, ARA 2.

AZAD TIWARI @ ARVIND TIWARI SON OF KANHAIYA TIWARI R/O VILLAGE- CHANDWA, P.S.- ARA NAWADA, DISTRICT- BHOJPUR, ARA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP For the Informant/s :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 325, 307, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that accused persons assaulted with lathi, danda and rod and petitioner no.1 snatched his mobile and petitioner no.2 assaulted by rod causing injury on head.

Patna High Court CR. MISC. No.39961 of 2022 (2) dt.08-12-2022 2/3 Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from side of the petitioners Ara, Nawada P.S. Case No. 61 of 2022 was registered against the informant and his side and in retaliation the present counter case came to be instituted, it is also with ornamental allegation of snatching of mobile, it is next submitted that even injury suffered by the injured is simple in nature. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners, but are not able to meet the submissions of the learned counsel for the petitioners that the injury is simple in nature and the petitioners have instituted Ara Nawada P.S. Case No.

61 of 2022 earlier to the present FIR. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.39961 of 2022 (2) dt.08-12-2022 3/3 where the case is pending/successor court in connection with Ara Nawada P.S. Case No. 62 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T